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    • Any advice on what remedies are available given the following circumstances - would be much appreciated. Dec 23, HMCTS enforcement officer (HMCEO) knocks on the door. Stating he possesses a “warrant of control” (WOC) issued by xxxxxx Justice Centre (HJC) to recover unpaid fines for driving offences. Further stating, he is there “to execute the warrant and take goods to the value of .. if the warrant wasn’t settled in cash/monies” After requesting proof I was given a quick glimpse (seconds) of a small tablet/palm sized “computer” I only caught flash of a white screen. I notified him, A number of times, I needed to see a copy of said woc. I was unaware of any outstanding warrant. I was not going to pay as the matter was live and had been sent to XXXX Crown Court with Jan hearing. It was not my property but my dear friend’s (14yrs) home. He was not coming in and he was not going to force entry. I asked how come he was at this address – no reply. He had better phone the old bill, if he had any issues. As he had not set foot in the house, I closed the door I was unaware the purported WOC or any warrant, I was under the impression my case was with the courts. My requests for a copy were persistently refused, I was unaware what case(s) were listed as “outstanding on this purported WOC”.  (had live S172 with the courts with an appeal) this alleged woc was totally unrelated.   With supporting high court documents I approached his Co vehicle to reasonably discuss what was going on. After exchanging a few words, he had my name down as the address we were at. Oddly, he then stated the car at the same address which he was blocking in, was mine !! – It was not and never has been ! neither was it reg/ins at that address. I could hear the police sirens approaching, No issues with those attending at all. The first officer lady (ONr1) approached, listened to what I had to say. Then went to speak with "HMCEO". I went inside to gain more evidence that his documents were invalid.   Ms xxxxxx (property/title holder) produced a mortgage document stating the title holder. It was dissmissed by by both "HMCEO" and Police I produced a number of court documents; High Court document with correct address from HHJ xxxxx, HMCTS stating my case was to be heard at xxxxx Crown Court Jan date DVLA drivers license with xxxxxxx with correct address. All documents dismissed by both HMCEO and Police. My trial documents had the correct address as did HMCTS. ONr1 was now joined ONr2, they both concluded the HMCEO WOC document superseded my High court documents as it was addressed to xxxxx. High court documents were irrelevant as the address was “different” from my friends home. I was dumbfounded when the officers stated the “HMCEO was here to collect a debt as instructed by the court”, if I was “to obstruct him in his duties I would be arrested and removed”. I still had not seen any proof of an actual woc I unsuccessfully challenged the officers comments for a fair few moments, then realised no matter what I said, did or otherwise, they had made up their minds and where going to arrest me if my objections persisted. I could not believe I was witnessing misfeasance in public office. Where’s the impartiality I asked ??  - no reply.   I requested more time to collect and gather myself.   I could not raise the amount of money demanded. HMCEO would not accept a pay plan, as apparently the demanded sums had been outstanding for some time. Payment in full was again demanded or a locksmith would be called to drill the locks and force entry. (destruction of 3rd party property) with threat of further hundreds of pounds to be added.   I strongly objected, stating I had no entitlement of title to Nr xxxxxx, neither of the three were interested. Full payment was again demanded or entry will be forced and goods removed.   I was melting down and in a dark place mentally, xxxxx was also in a terrible state considering the threats made against her and her beloved property. even the old bill had chosen to support a private company break the law !!.   " HMCEO" persisted his menacing demands to extort monies. Finally, Diane, under extreme duress and threats of forced entry, coupled with threats of arrest if I didn’t stand aside and let HMCEO extort monies. Against her better will and judgement she transferred monies form her and her sons account(s) to that of "Marston's". Effectively settling a third party debt. His actions amounted to theft, fraud, extortion, and fraud by false representation. Money had just been extorted from the best friend I had, and I was helpless. I understand the following facts are true, I have the opinion both myself, ms Kelly and her son were victims, and this happened here. Even if there was a valid WOC it was illegal as the case had previously been withdrawn; The act of threatening a victim’s person or property with violence, physical harm or destruction to coerce them into complying with demands. Threatened actions that constitute extortion when used to re-enforce an unwarranted demand would be offences in and of themselves (offences against the person or criminal damage). The Theft Act defines the instance of blackmail as one where: “a person with a view to gain for themselves or another or intending to cause loss to another makes an unwarranted demand with menaces. Dishonesty is not an element of the offence.” The sheer fact, he was supported by 2nr police officers – either of which or both, should have been sufficiently knowledgeable enough in criminal law, and vigilant enough to have seen and prevented a fraudulent crime against another(s) being committed with their support. ======= After the event - Next morning calls to/from HMCTS ======= Call from “Enforcement MoJ” confirmed they have already instructed Marstons Group as a matter of urgency to return all monies wrongly taken from Ms xxxxx .  HMCTS ..... Ms xxxxxx, 1/12/23 @ 11:50 States …”case withdrawn 28th Feb 23” email attached Purported WOC issued by Harrogate Justice Centre (HJC). for collection of fines for allegations by West Yorkshire Police (WYP), that had previously been withdrawn. Ref: HMCTS Letter Dated – XXth XX  2023: Case Nr. ********, listed for XXth XX 23 @ XX:XX WYP Letter. Headed - XXth XX 23, Trial at Kirklees Mags Court on XX/XX/2023 at XX:XX                                                     i.     WYP offer no evidence and request HMCTS, CPS - case be dismissed.  According to HJC There was no evidence of WOC ever been issued.   Ms xxxxxx & son, eventually had monies returned. No apology to either Ms xxxxxx or her son. Executed a “warrant of control” which was not prescribed by the HMCTS. His actions amounted to fraud, fraud by false representation. His actions amount to theft, fraud, and fraud by false representation. Extortion of monies by menace S12 Theft Act 76 Alledged "HMCEO" removed monies on two occasions from a third 3rd party bank accounts, 2nr sums circa £600 and £600 collectively totalling £1200.00 to which he had no legal right or obligation to do so. His actions amounted to theft, fraud, and fraud by false representation. Extortion of monies by menace S12 Theft Act 76 As ¶²⁸ above, removed monies under the false pretences of a certified bailiff, whilst not been in possession of the correct court documents entitling him to do so. He was thus acting as a “common debt collector” as such he was not entitled to charge any fees. His actions amounted to theft, fraud, fraud by false representation. Extortion of monies by menace S12 Theft Act 76  Alleged "HMCEO" Knowingly provided a false statement of fact to WYP knowing they would act upon those facts. The two attending police officers should have been sufficiently knowledgeable enough in criminal law, to prevent such a fraudulent crime been committed in their presence. The very fact there was legal correspondence from HHJ xxxxxxxx   xxxxx Crown Court within dated parameters surly overrides any civil documents purporting to be from HMCTS. Especially when PNC, DVLA, MIB, databases could instantly confirm/deny the defendants statement of address. This event (along with others) has not only devestated my life, but my friends too. To the extent I was admitted to Acute Mental Health Team NGH for 4/5wks as I was unable to cope with the effect this action had taken on my best friend. The consequences have been insumountable, the mere sight of the old bill now reduces me to a wreck. WHAT LEGAL REMEDIES (IF ANY) MAY BE AVAILABLE TO ME/US - How would one proceed ?? Contructive comments only please - **** takers and conspiracists jog on.  All HMCTS documents are available, Only 2nr Marston documents exist, 2nr receipts for payments taken.  Regards Mr Blue            
    • 1 Date of the infringement 14/12/2023   2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  Issue date 27/17/2023   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received 10/12/2024   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  N   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal]  No   Have you had a response? [Y/N?] post it up No   7 Who is the parking company? Excel Parking   8. Where exactly [carpark name and town] Brewery Street Car Park, Chesterfield, S417UG   For either option, does it say which appeals body they operate under. IPC on their letter BPC on others I have attached all letters received to date by Excel and others.  Any advice is more than welcome PCN Letters_1_11zon.pdf
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claim against Mortgages plc - Court directions help needed,


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Yes I have posted before about this, but not recieved any response, just getting a little worried about getting it in time, although the hearing is not until Feb. I have to get the direction to the defendant and court at least 2 days before the hearing,

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I am looking for help with a claim against Mortgages plc, regarding the unfair charges applied to the
mortgage
link3.gif
account when in arrears.

 

The original claim started back when claims for unfair charges with the banks were being to court. I followed this route and it ended beiing stayed in the courts for 2 years. It has taken a while to get it lifted, It was only when I was aware that the FSA were taking action against the mortgages lenders for unfair treatment. I made changes to the POC
link3.gif
from a template from this site,

 

I have filed a allocation questionaire recently,

The claim is for less then £2000, but the defendants solicitors want the claim struck out and have also requested a fast track proceedure.

 

The claim was presented back during the bank charges period and ended up being stayed, whcih lift some 12 months ago.

 

Recived an order from the court, with a date for a case management conference 21st Feb 2013

 

I have to provide information 2 clear days before the hearing.

 

(a) a case summary with suggested directions which the other part shall attempt to agree

(b) a statement of the issues agreed by all parties

© a written estimate of the costs incurred to date with an estimate of the total costs if the action proceeds to trial.

(e) if either party intends to apply for directions, which is not agreed, written submissions shall be filed and served by both parties not less than two clear days befort the hearing

(f) The District judge is prepared to consider and, if appropriate to aprrove, agreed direction in advance of the hearing, but the case management conference shall not be cancelled unless such approval has been notified to the parties beforehand.

 

 

Mortgages Plc also claim that the account was with their sister company mortgages 2,

but all the correspondence, and
mortgage
link3.gif
payment were made to them.

 

 

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  • 2 weeks later...

Application Notice requesting what griffiths?

 

Regards

 

Andy

We could do with some help from you.

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They are trying to get the claim struck out, The have a list of reasons, Claiming that we took mortgage out with mortgages 2 limited a sister company, refering to the unfair bank charges and the out come of the test case,, failure for the correct service of documents the correct address, (same company but an address in Scotland) How much do you want to know? They have raised 15 points

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Well you asked the question and requested help so its up to you how in-depth you explain...but up to me asking the above question the Forum wasn't even aware what the application was made for.

 

 

So you don't need help with Directions you need help in responding to an application to strike out your claim and how to submit a Witness Statement in objection.

We could do with some help from you.

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I still have not responded to the order given by the court regarding the directions, being unsure did ask a solicitor how gave me some help and his services were free over the phone which I thought was good of him, He just suggest write to them and ask them for their direction for conciderations. He explain that they were employed by the defendant and were legal experts and had a responsiblity not to mislead me or the courts and really the ball was in their court to produce the directions, I was about to write to them when I had the letter yesterday out of the blue, and I did not really understand what was going on.

 

They have filled out a N244 form, and a draft order,

 

The have requested to substitute Mortgages PLC with Mortgages 2 Limited as the Defendant, even though all correspondence, payments etc where dealt with by Mortgages PLC.

 

I am happy to provide all the details of the order if that will help.

 

They covering letter which part of it reads

 

1 Our Application for Strike Out/Summary Judgment can be concidered by the District/Deputy District Judge at the earliest possible oppertunity; and either

 

2. The hearing of our application be dealt with prior to the CMC listed to take place on the 21 February 2013; or alternatively

 

3 The application be heard at the CMC on 21 February 2013 if the Court is unable to list it for the hearing prior to then

 

I f I do not to respond to this before the hearing I will need help

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Ok the biggie here is the change in Parties.....CPR 19 :- http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19.

 

Ask yourself why the change.The rest of the the order is self explanatory in preparation for the Case Management Conference.

 

What are the particulars of your claim and what defence did they submit?

We could do with some help from you.

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The claim started back in 2007,

 

I used the bank charges format at that time, and it was stayed until the test case results came form the courts, I fully expected it to be struck out at that time.

 

After further investigation I found that the fsa had been find mortgage companies for this kind of treatment to its customers.and also came across a letter in you library which I sent to the courts.

 

I has a hearing with a QC , who explained to me that I needed to change the particulars of claim and he gave me leave to reinstate the claim. Giving it a another go I wrote to Mortgages PLC again and also the FOS but Mortgages PLC used the time out on the original complaint.

 

Again another brick wall and really did not know what to do, until I came across a new particulars of claim on this site, and further evidence from the FSA , I asked for the case to reopen and had a hearing with the QC again, Mortgages PLC did not turn up.

 

This was party the courts fault as it had got case numbers mixed during the stay with another claim I had put in, and Mortgages PLC had closed the office I was in

communications with up until June last year.

 

The found the new address in in Skegness , I informed the court and they sent out the papers again, and accepted my change in POC. Initially they did not respond but after a second record letter the solicitor wrote to me, which was there first acknowledgment of the court case.

 

The changes in the parties is odd because it has only been Mortgages plc who have responded to any letters and it was they who sent me the full SAR last year, and it was they who communicated with the FOS, and we paid the mortgage to them.

 

The change is obviously to get the cliam struck by saying Mortgages PLC was not the lender and their sister company Mortgages 2 LTD were, who I can not find anywhere on-line or records of them. I thought from the being Mortgages PLC would have made mention of the fact I was dealing with wrong company.

 

There defense is, That it come under the test case , quoting Office of fair Trading v Abbey National PLC, reference to UTCCR , Address was incorrect for servis, The defendant is Mortgages 2 Ltd , That they first heard of it was by chance, and have received not paper work, we accepted their standard terms, That really it in brief

 

I not sure if this is of any help,

 

Many Thanks

Edited by honeybee13
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Having not seen your P.o.C I really cant comment.With regards to the hearing you may submit your own WS in response (pre hearing 7 days)

We could do with some help from you.

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This is the template I found in the library,

 

 

In the XXX county courtlink3.gif

Claim number XXXXX

 

 

Between

 

 

 

XXX (claimant)

 

 

and

 

 

XXX (defendant)

 

 

 

 

 

 

 

 

Particulars of Claim

Unlawful Charges

 

  1. The claimant had a mortgagelink3.gif agreement with the defendant dated XXXdateXXXX concerning a secured loan of £XXXXXX
  2. The said loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR)
  3. The defendant is statutorily bound by Financial Services Authority regulations – mortgagelink3.gif: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000
  4. The mortgage fell into arrears after the claimant fell into difficulty and was unable to keep up the repayments as required by the mortgage agreement.
  5. The defendant levied mortgage arrears charges against the claimant.
  6. The defendants also levied further interestlink3.gif upon the said unlawful charges
  7. The mortgage arrears charges were levied at a rate which exceeded their administrative costs.
  8. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR
  9. The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB
  10. For these reasons the interest charged on the unlawful charges is also unlawful

Other Unfair Treatment

 

 

  1. The defendant has also levied charges in respect of counsellor visits.
  2. The said counsellor visits [did not take place as claimed by the defendant or at all]
  3. The fees for the said counsellor visits were levied at a rate which exceeded the actual costs of the visits
  4. By virtue of the above, the defendant has treated the claimant unfairly and in breach of their obligations under MCOB

The claimant seeks the return of unlawfully levied charges plus associated interest– £XXXXXX

 

The return of unlawfully levied counsellor visit fees – £XXXXXX

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Ok P.o.C seems detailed enough so you now need to prepare your WS in objection to application and expand on your Particulars with the relevant legislation/T&Cs/Case Law and attach as exhibs as referral and reliance.

 

Regards

 

Andy

We could do with some help from you.

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Many thanks Andy

 

My concern is the bank charges test case will be the overiding factor in this, I have been trying to find out if that decision applies to mortgage arrears and admin charges, I have plenty of information from the FSA with copies of the notices given to Gmac, Swift etc, The biggest worry is paying cost to the other side, I have had experience of Fast track before, although this should only be a small claims.

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Costs will be minimal in SCT....Try to push the MCOB/UTCCR argument backed up by Unfair Relationship:-

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/CCA2006/unfair/#.UQFAEB0025I

 

Regards

 

Andy

We could do with some help from you.

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Is the claim against joint names? You dont need an affidavit..hence the WS.

 

Andy

We could do with some help from you.

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The Claim has both our names on it as it was a joint mortgage account at the time, I have been doing a little research and Mortgages 2 limited , Mortgages 1 and a couple others are part of Mortgages PLC, which is also part of Merrill lynch, They also suggest in their defence that we should have sent all court papers to the head office in scotland, which is again Mortgages PLC, I Sent all communication etc to the address in England.

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One WS it is then..both sign.....

We could do with some help from you.

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  • 2 weeks later...
Their Solicitors have written asking for a copy of the Allocation questionnaire by the 15th, I did not keep a copy of the original that was sent to the court. Is this a problem?

 

Don't think so. Just phone or email them saying that this has been sent to the court and that you don't have a copy.

We could do with some help from you.

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I have received a cost summary from the defendants solicitors, which is about £8000, My claim is less then £2000, I would assume their hoping to get a fast track decision, Its unlikely they would get a fast track case, also I would think that as I am not a skilled legal expert then the overiding objectives in CRP 1.1 would apply

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